CLAY v. STATE

No. 80-1777.

420 So.2d 633 (1982)

Donald Edward CLAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 3, 1982.


Attorney(s) appearing for the Case

Carl H. Lida of Law Offices of Carl H. Lida, P.A., Miami, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Appellant was convicted of a narcotics offense and placed on five years probation with the special condition that he spend the first two years in prison. We find that the trial court correctly denied defendant's motion to suppress, see United States v. Ross, ___ U.S. ___, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), and, consequently, we affirm the conviction.

As to the split-sentence, however, we find that it violates the mandate of Villery...

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